Idaho dairy pays penalty

A dairy nutrient management case that began in December has been settled with a $3,000 fine.

The penalty was paid as part of an agreement between Richard Van Dyk, owner of Van Dyk Dairy No. 3 near Wendell, Idaho and the Idaho Dairy Bureau.

The 9-page settlement document — called a stipulation, agreement and consent order — signed by Van Dyk and by Patrick Takasugi, director of the Department of Agriculture, states that Van Dyk Dairy No. 3 violated the provisions of its nutrient management plan (NMP). It states that Van Dyk applied livestock waste on or before Dec. 10 through an irrigation pivot onto a field, outside the parameters of the NMP.

The document states that Van Dyk had been warned several times about improper land-application of waste. The dairy was sent a letter after a violation in April that stated if further violations occur "all violations may be referred for appropriate legal action."

An inspection of the dairy on Dec. 10 was prompted by a complaint received at the Department of Agriculture. Inspection and the ensuing proceedings have ended with assessment of $3,000 for violation of the dairy waste provision of the Sanitary Inspection of Dairy Products law and the rules of the Department of Agriculture governing dairy waste.

The violation at Van Dyk No. 3 was one of 12 different violations or “noncompliance conditions” regarding dairy waste management rules found by inspectors in December across the state. Dairy Bureau Chief Marv Patten said that such violations vary widely in nature and severity and do not all lead to investigations or penalties. Noncompliance conditions can include findings such as improper record keeping or corral containment.

Van Dyk hopes to be able to increase the capacity of the dairy's waste lagoon in the future.

“We're are trying to work on making the pond bigger,” Van Dyk said. However he needs county approval to expand the lagoon and Gooding County is still under a moratorium against growth in confined animal feeding operations after commissioners voted unanimously Feb. 1 to extend the moratorium another 120 days.